issue-1996-04-11•Federal Register proposed rules — 1996-04-11
Federal Register proposed rules — 1996-04-11
issue-1996-04-11Federal Register proposed rules — 1996-04-11Proposed Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-9059 Golden Crab Fishery Off the Southern Atlantic States; Initial Regulations; Snapper-Grouper Fishery Off the Southern Atlantic States; Revision of Definition
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16076-16085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9059]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 646 and 686
[Docket No. 950316075-6098-02; I.D. 022696A]
RIN 0648-AH86
Golden Crab Fishery Off the Southern Atlantic States; Initial
Regulations; Snapper-Grouper Fishery Off the Southern Atlantic States;
Revision of Definition
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement all but one
measure of the Fishery Management Plan for the Golden Crab Fishery of
the South Atlantic Region (FMP) and to revise a complementary
definition in the regulations implementing the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region. Based on
a preliminary evaluation of the FMP, NMFS disapproved a measure that
would require 100 percent of vessel owners/operators to maintain and
submit vessel logbooks. This rule proposes restrictions on the harvest
or possession of golden crab in or from the exclusive economic zone
(EEZ) off the southern Atlantic states and proposes controlled access
to the fishery. The intended effect of the FMP and this rule is to
conserve and manage the golden crab fishery.
DATES: Written comments must be received by May 28, 1996.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the FMP, which includes a regulatory impact
review (RIR), social impact assessment, and an environmental
assessment, should be sent to the South Atlantic Fishery Management
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-
[[Page 16077]]
4699, telephone 803-571-4366, FAX 803-769-4520.
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to Edward E. Burgess,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702, and to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, DC 20503
(Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic
Fishery Management Council (Council) under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
Background
The FMP and proposed rule address conservation and management of
golden crab in or from the EEZ along the U.S. Atlantic coast from the
east coast of Florida, including the Atlantic side of the Florida Keys,
to the North Carolina/Virginia boundary. The FMP was developed to
protect the biological integrity of the golden crab resource and to
maintain economic and social benefits from the fishery by establishing
a controlled access program. Because the distribution of golden crabs
off the southern Atlantic states is believed to be restricted to the
EEZ and the historical fishery in that area has been conducted
exclusively in the EEZ, it is a rebuttable presumption of the proposed
rule that all golden crab possessed were harvested from the EEZ.
The Council and NMFS are concerned about potential overfishing of
the golden crab resource and overcapitalization of the fishery. Golden
crabs are relatively long-lived and have slow growth rates, making them
more vulnerable to overfishing. Currently the golden crab fishery is
unregulated. Restrictions in other fisheries, notably net and fish trap
bans in Florida and harvest restrictions in the New England groundfish
and Alaskan crab fisheries, have contributed to increased interest and
participation in the golden crab fishery in recent years. The Council
believes that further increases in the number of vessels participating
in the fishery will result in harvest capacity that greatly exceeds the
maximum sustainable yield (MSY). Additional vessels entering the
fishery would also contribute to overcapitalization and other social
and economic problems commonly associated with open access.
This rule would: (1) Establish a controlled access program that
includes initial eligibility criteria for vessel permits, restricted
fishing zones, and procedures for appeals, transfers, and renewal of
permits; (2) specify authorized gear for the fishery; (3) establish
gear identification requirements; (4) specify maximum allowable trap
sizes; (5) require escape gaps and a degradable panel on each trap; (6)
establish minimum depth limits for use of traps; (7) prohibit tending
of traps by unauthorized individuals; (8) modify the definition of the
term ``crustacean trap'' in the regulations governing the South
Atlantic snapper-grouper fishery (50 CFR part 646) to accommodate use
of traps in the golden crab fishery; (9) prohibit the sale of female
golden crabs and limit retention of female crabs to no more than 0.5
percent, by number, of all golden crabs on board the vessel; (10)
require that golden crabs be landed whole; (11) limit sale of golden
crabs by permitted vessels to permitted golden crab dealers; (12)
require that permitted golden crab dealers purchase golden crabs caught
in the EEZ only from permitted vessels; (13) prohibit possession of
snapper-grouper species in whole, gutted, or filleted form on board a
vessel fishing for or possessing golden crabs; (14) establish permit
and reporting requirements for fishermen and dealers; (15) require
mandatory observer coverage if a vessel is selected; and (16) establish
a framework regulatory adjustment procedure (framework procedure) to
allow timely implementation of changes in the FMP's management
measures.
Additionally, the FMP would have required that 100 percent of the
owners or operators of permitted vessels maintain and submit vessel
logbook information. Based on a preliminary evaluation of the FMP, the
Director, Southeast Region, NMFS, (Regional Director) disapproved this
measure. The Regional Director concluded that the methods of obtaining
the necessary management data, and the appropriate sampling system for
such data, are operational determinations properly made by NMFS.
Accordingly, the Regional Director determined that the level of vessel
coverage or sampling is not a matter of sufficient scope and substance
warranting review under section 304(a)(1)(A) of the Magnuson Act. NMFS
agrees with the Council that there is current ample justification for
requiring all permitted vessels to maintain and submit vessel logbooks.
Therefore, NMFS intends to select all permitted vessels to submit
logbooks, for as long as that level of coverage is deemed necessary. If
NMFS subsequently determines that 10009percent logbook reporting is not
required, the level of coverage can be reduced to the appropriate level
without amending the FMP.
Permit Requirements
Permits would be required for vessels and dealers involved in the
golden crab fishery in the EEZ to ensure that the universe of
participants in the fishery is defined accurately and to facilitate
essential data collection. For a person aboard a fishing vessel to fish
for golden crab in the EEZ, possess golden crab in or from the EEZ,
off-load golden crab from the EEZ, or sell golden crab in or from the
EEZ, a vessel permit for golden crab would have to be issued for the
vessel and would be required to be on board. An application for a
vessel permit, except for permit renewal or transfer, would be required
to be submitted to the Regional Director postmarked no later than 30
days after the date the final rule implementing the FMP is published in
the Federal Register. No additional applications for initial vessel
permits would be accepted after that date. See the discussion of the
controlled access program below regarding additional restrictions
related to vessel permits.
A dealer who receives from a fishing vessel golden crab harvested
from the EEZ would be required to obtain a dealer permit for golden
crab. To be eligible for a dealer permit, an applicant would be
required to have a valid state wholesaler's license in the state where
he or she operates and have a physical facility for the receipt of fish
at a fixed location in that state. A dealer application would be
required to be submitted to the Regional Director at least 30 days
prior to the desired effective date of the permit. Dealer permits for
golden crab would not be transferable or assignable.
Applications for vessel and dealer permits would be subject to a
fee to cover administrative costs of issuing the permits.
Controlled Access Program
The Council and many participants in the golden crab fishery are
concerned about the adverse impacts that could result from allowing
continued open access to the fishery, e.g., overfishing,
overcapitalization, intensified competition for available harvest
levels, and gear and user conflict. To address these concerns, the FMP
would establish a controlled access program that includes provisions
for vessel permit eligibility, an appeals process, restricted fishing
zones, and transfer and renewal of annual vessel permits.
[[Page 16078]]
Under the controlled access program, a vessel permit would be
issued to the vessel owner for the vessel only if the owner meets the
required documentation requirements substantiating landings of golden
crab harvested from the EEZ off the southern Atlantic states (North
Carolina, South Carolina, Georgia, and the Florida east coast) in
quantities of at least 600 lb (272 kg) by April 7, 1995, or at least
2,500 lb (1,134 kg) by September 1, 1995. Acceptable documentation of
the required landings would include landings documented by the trip
ticket systems of Florida or South Carolina and trip receipts or dealer
records for landings off other southern Atlantic states or for landings
that occurred prior to establishment of the trip ticket systems in
Florida and South Carolina, as specified in 50 CFR 686.4(a)(3).
Landings history would be attributed to the owner of the vessel at the
time the landings occurred unless a written agreement expressly
transfered the vessel's landings history to a new owner (i.e., the
landings history does not automatically transfer with a change in
vessel ownership). Initial vessel permits would be issued to current
vessel owners.
Appeals of the Regional Director's decision regarding initial
permit eligibility would be addressed by an ad hoc appeals committee
appointed by the Council and consisting only of Council members. The
appeals committee would be empowered only to determine whether the
permit eligibility criteria were applied correctly to the applicant's
application; hardship appeals would not be considered. An applicant
whose initial application was denied would have to submit a written
appeal within 30 days of the Regional Director's initial decision and
would have to provide written documentation explaining the basis for
the appeal. An appellant would also be allowed to testify before the
appeals committee. The appeals committee would meet only once to
consider all appeals. Each member of the appeals committee would
provide individual recommendations for each appeal to the Regional
Director. The Regional Director's written decision would constitute the
final administrative action by NMFS on an appeal.
As part of the controlled access program, the FMP would establish
three designated fishing zones that are intended to help stabilize and
optimize the distribution of fishing effort throughout the range of the
fishery. The three zones are: (1) The Northern zone--that area of the
EEZ north of 28 deg. N. lat. to the North Carolina/Virginia boundary
(36 deg.44'55'' N. lat.); (2) the Middle zone--that area of the EEZ
from 28 deg. N. lat. to 25 deg. N. lat.; and (3) the Southern zone--
that area of the EEZ south of 25 deg. N. lat. to the boundary between
the jurisdictions of the South Atlantic and Gulf of Mexico Fishery
Management Councils (see 50 CFR 601.11(c)). An applicant for a vessel
permit would be required to specify in which zone the vessel would
fish, and the permit would be valid only for that zone. Other zones
could be transited only if the vessel operator notifies NMFS Southeast
Law Enforcement Division in advance and does not fish in an unpermitted
area.
Under the controlled access program, the transfer and renewal of
vessel permits would be restricted. A vessel permit would only be
transferable to a vessel that would fish for golden crab exclusively
within the designated zone indicated on the permit or to a vessel that
would fish exclusively in the northern zone. To obtain a vessel permit
via transfer, the owner of the receiving vessel would have to acquire a
permit or permits from a vessel or vessels with documented length
overall, or aggregate lengths overall, of at least 90 percent of the
documented overall length of the receiving vessel.
A vessel permit would be renewable only if the Science and Research
Director, Southeast Fisheries Center, NMFS, (Science and Research
Director), had received the required vessel logbook reports documenting
that at least 5,000 lb (2,268 kg) of golden crab landed from the EEZ
off the southern Atlantic states had been attributed to the permitted
vessel during at least one of the two 12-month periods prior to the
expiration date of the current vessel permit.
Reporting Requirements
Permitted vessels and dealers would be required to maintain and
submit basic information essential for proper management of the
fishery. Additional data may be collected by authorized statistical
reporting agents or authorized officers.
The owner or operator of a permitted vessel that is selected by the
Science and Research Director would be required to maintain a daily
logbook form for each fishing trip. Logbook forms would have to be
submitted to the Science and Research Director postmarked not later
than 30 days after sale of the golden crab off-loaded from a trip. If
no fishing occurred during a month, a report so stating would have to
be submitted in accordance with instructions on the form. A permitted
vessel selected for observer coverage would be required to accommodate
a NMFS-certified observer.
A permitted dealer who is selected by the Science and Research
Director would be required to provide information to the Science and
Research Director on receipts of golden crab and prices paid at monthly
intervals, or more frequently if requested, postmarked not later than 5
days after the end of each month. The Council intends that, to the
extent possible, the required information be provided through existing
state/Federal cooperative agreements for data collection. The Science
and Research Director would select a dealer to report only if the
essential information were not otherwise available through the state/
Federal cooperative data collection system.
Gear Restrictions and Requirements
A number of gear-related measures are proposed to address concerns
about potential overfishing; incidental mortality of small crabs and
female crabs; crab mortality due to lost traps; habitat damage; user
conflict; and enforceability. Traps would be the only gear authorized
for use in the directed golden crab fishery. Rope would be the only
material allowed for use as a mainline or buoy line, except that wire
cable would be allowed for 18 months after publication of the final
rule implementing the FMP to accommodate evaluation of the impacts of
that material. Traps and buoys (if used) would be required to be
identified with a permanently affixed and legible permit number.
Standard vessel identification requirements would be mandatory. A
biodegradable escape panel and escape gaps would be required on each
trap. Maximum trap volume would be 64 cubic feet (ft3) (1.81 cubic
meters (m3)) in the northern zone and 48 ft3 (1.36 m3)
in the middle and southern zones. The minimum depths for deployment and
use of golden crab traps would be 900 ft (274.3 m) in the northern zone
and 700 ft (213.4 m) in the middle and southern zones. Traps could be
pulled or tended only by a person on board the vessel permitted for
those traps or by a person on board a permitted vessel with written
authorization to pull or tend the traps.
Harvest and Possession Restrictions
To maximize the reproductive capacity of the stock and reduce the
probability of overfishing, mortality of female crabs must be
minimized. It is intended that there be no deliberate harvest of female
crabs. However, a maximum retention of female crabs not to exceed 0.5
percent, by number, of all
[[Page 16079]]
golden crabs on board the vessel would be allowed to accommodate
unavoidable incidental harvest and retention of female golden crabs.
Sale of female golden crabs would be prohibited.
The proposed rule would require that golden crabs be landed whole
(i.e., unprocessed). This constraint is necessary to provide effective
enforcement of the restrictions on retention and sale of female golden
crabs. It would be impossible to distinguish female crabs if on board
processing were allowed. Landing whole crabs is consistent with current
industry practice.
Possession of any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form would be prohibited on board a vessel
fishing for or possessing golden crab in or from the EEZ or possessing
golden crab traps. (See 50 CFR 646.2 for definition and listing of such
fish.) Only the skeletal remains (racks) of such fish could be
possessed for use as bait. This restriction is necessary to ensure that
golden crab traps would not be used to harvest snapper-grouper species.
Restrictions on Sale
Restrictions on sale of golden crab are proposed to ensure that the
fishery is conducted only by properly permitted individuals and to
assure that all landings are documented through the proposed data
collection system. The proposed rule would require that golden crab
harvested in the EEZ by a permitted vessel be sold, traded, or bartered
only to a permitted dealer. Similarly, a permitted dealer would be
allowed to purchase, barter, or trade golden crab harvested from the
EEZ only from a permitted vessel. Golden crab do not occur in state
waters.
Framework Procedure
The FMP includes a framework procedure for establishing or
modifying management measures, including in-season adjustments,
pertinent to the golden crab fishery. The framework procedure is
intended to provide a more flexible management system that would
minimize regulatory delay and allow timely management response to new
information about the fishery while retaining substantial Council and
public involvement in management decisions.
The following is an overview of how the framework procedure would
operate. The Council would appoint an assessment panel (Panel) that
would periodically assess the biological, economic, and social
information relevant to the golden crab fishery and provide a report
and recommendations to the Council. The Council could take action based
on the Panel's report or based on other information or issues that
arise from other sources, e.g., public comment. Information from
sources other than a Panel report would be compiled and analyzed in a
Council staff report.
To evaluate a Panel or Council staff report, the Council would
consult with the Golden Crab Advisory Panel and the Scientific and
Statistical Committee and hold at least one public hearing to receive
public input prior to deciding whether a management change would be
necessary. If the Council concluded that a management change was
needed, the Council would recommend the change, in writing, to the
Regional Director. The Council's recommendations would be accompanied
by the Panel or Council staff report, relevant background material,
draft regulations, an RIR, a social impact statement, and public
comments. This report would be submitted at least 60 days prior to the
desired implementation date. The Regional Director would review the
Council's recommendations, supporting rationale, public comments, and
other relevant information. If the Regional Director concludes that the
Council's recommendations are consistent with the goals and objectives
of the FMP, the Magnuson Act's national standards, and other applicable
law, the Regional Director would recommend that NMFS publish proposed
and final rules in the Federal Register to implement any changes. The
public comment period on the proposed rule would not be less than 15
days. If the Regional Director rejected the recommendations, he or she
would provide written reasons to the Council for the rejection, and
existing regulations would remain in effect pending any subsequent
action.
The proposed rule would allow changes, in accordance with the
framework procedures and limitations of the FMP, to the following
management measures: MSY, acceptable biological catch, total allowable
catch, quotas, trip limits, minimum sizes, gear restrictions, permit
requirements, seasonal or area closures, time frame for recovery of
golden crab if overfished, fishing year, observer requirements, and
authority for the Regional Director to close the fishery when a quota
is reached or is projected to be reached.
Magnuson Act Considerations
Section 303 of the Magnuson Act provides that a council may
establish a system for limiting access to the fishery in order to
achieve optimum yield if, in developing such system, the council takes
into account the following factors: (1) Present participation in the
fishery; (2) historical fishing practices in, and dependence on the
fishery; (3) the economics of the fishery; (4) the capability of
fishing vessels used in the fishery to engage in other fisheries; (5)
the cultural and social framework relevant to the fishery; and (6) any
other relevant considerations.
Additional Information
Additional background and rationale for all management measures in
this rule are contained in the FMP, the availability of which was
announced in the Federal Register on March 5, 1996, (61 FR 8564).
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a council within 15 days of receipt of an FMP
and regulations. At this time NMFS has not determined that the FMP is
consistent with the national standards, other provisions of the
Magnuson Act, and other applicable laws, except for the provision of
the FMP specifically disapproved, as discussed above. NMFS, in making
that determination with respect to the remaining provisions of the FMP,
will take into account the data, views, and comments received during
the comment period.
The proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The proposed rule would: (1) Affect a small number of
small entities; (2) result in loss of sales and value to these entities
of less than 5 percent of sales; (3) not increase production or
compliance costs on small entities by more than 5 percent; (4) not
require capital investment to comply with the rule; and (5) not require
a small entity with significant economic dependence on the golden crab
fishery to cease business. As a result, a regulatory flexibility
analysis was not prepared.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to, a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid OMB control number.
[[Page 16080]]
This rule contains collection-of-information requirements subject
to the PRA--namely, (1) initial vessel permit applications; (2) vessel
permit renewals; (3) vessel permit appeals; (4) dealer permit
applications; (5) vessel reports; (6) dealer reports; (7) notification
requirements for purposes of accommodating observer coverage; and (8)
vessel and gear identification. These requirements have been submitted
to OMB for approval. The public reporting burdens for these collections
of information are estimated to average 20, 15, 30, 15, 10, 15, 3, and
395 minutes per response, respectively, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing the burdens, to NMFS and OMB (see
ADDRESSES).
List of Subjects in 50 CFR Parts 646 and 686
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 5, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR chapter VI is
proposed to be amended as follows:
50 CFR Chapter VI
PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES
1. The authority citation for part 646 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 646.2, the definition of ``Crustacean trap'' is revised
to read as follows:
Sec. 646.2 Definitions.
* * * * *
Crustacean trap means a type of trap historically used in the
directed fishery for blue crab, stone crab, golden crab, red crab,
jonah crab, or spiny lobster and that contains at any time not more
than 25 percent, by number, of fish other than blue crab, stone crab,
golden crab, red crab, jonah crab, and spiny lobster.
* * * * *
3. Part 686 is added to read as follows:
PART 686--GOLDEN CRAB FISHERY OFF THE SOUTHERN ATLANTIC STATES
Subpart A--General Provisions
Sec.
686.1 Purpose and scope.
686.2 Definitions.
686.3 Relation to other laws.
686.4 Controlled access, permits, and fees.
686.5 Recordkeeping and reporting.
686.6 Vessel and gear identification.
686.7 Prohibitions.
686.8 Facilitation of enforcement.
686.9 Penalties.
686.10 At-sea observer coverage.
Subpart B--Management Measures
686.20 Fishing year.
686.21 Harvest and possession limitations.
686.22 Gear restrictions.
686.23 Restrictions on sale.
686.24 Adjustment of management measures.
686.25 Specifically authorized activities.
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 686.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Golden Crab Fishery of the South Atlantic Region (FMP)
prepared by the South Atlantic Fishery Management Council under the
Magnuson Act.
(b) This part governs conservation and management of golden crab in
or from the EEZ off the southern Atlantic states. ``EEZ'' in this part
refers to the EEZ in that geographical area, unless the context clearly
indicates otherwise.
Sec. 686.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Authorized statistical reporting agent means:
(1) Any person so designated by the Science and Research Director;
or
(2) Any person so designated by the head of any Federal or State
agency which has entered into an agreement with the Assistant
Administrator to collect fishery data.
Golden crab means the species Chaceon fenneri.
Golden crab trap means any trap used or possessed in association
with a directed fishery for golden crab in or from the EEZ, including
any trap that contains a golden crab in or from the EEZ or any trap on
board a vessel that possesses golden crab in or from the EEZ.
Off the southern Atlantic states means the waters off the east
coast from 36 deg.34'55'' N. lat. (extension of the Virginia/North
Carolina boundary) to the boundary between the Atlantic Ocean and the
Gulf of Mexico, as specified in Sec. 601.11(c) of this chapter.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149, telephone 305-361-5761; or a designee.
Whole, when referring to golden crab, means a crab that is in its
natural condition and that has not been gutted or separated into
component pieces, e.g., clusters.
Sec. 686.3 Relation to other laws.
The relation of this part to other laws is set forth in Sec. 620.3
of this chapter.
Sec. 686.4 Controlled access, permits, and fees.
(a) Vessel permits--controlled access. (1) Applicability. Vessel
permits are subject to a controlled access program. For a person aboard
a vessel to fish for golden crab in the EEZ, possess golden crab in or
from the EEZ, off-load golden crab from the EEZ, or sell golden crab in
or from the EEZ, a vessel permit for golden crab must be issued for the
vessel and be on board. It is a rebuttable presumption that a golden
crab on board or off-loaded from a vessel off the southern Atlantic
states was harvested from the EEZ.
(2) Initial Eligibility. The owner of a vessel is eligible to
receive an initial vessel permit to fish for, possess, offload, or sell
golden crab if the owner meets the documentation requirements described
in paragraph (a)(3) of this section substantiating his or her landings
of golden crab harvested from the EEZ off the southern Atlantic states
in quantities of at least 600 lb (272 kg) by April 7, 1995, or at least
2,500 lb (1,134 kg) by September 1, 1995. Only the owner of a vessel at
the time landings occurred may use those landings to meet the
eligibility requirements described in this paragraph (a)(2), except if
that person transferred the right to use those landings to another
person through a written agreement. If evidence of such agreement is
provided to the Regional Director, the person who received the rights
to the landings may use those landings to meet the eligibility
requirements instead of the owner of the vessel at the time the
landings occurred.
(3) Documentation of eligibility. The documentation requirements
described in this paragraph are the only acceptable
[[Page 16081]]
means for an owner to establish eligibility for an initial vessel
permit. Failure to meet the documentation requirements, including
submission of data as required, will result in failure to qualify for
an initial vessel permit. Acceptable sources of documentation include:
Landings documented by the trip ticket systems of Florida or South
Carolina as described in paragraph (a)(3)(i) of this section and data
substantiating landings that occurred prior to establishment of the
respective trip ticket systems or landings that occurred in North
Carolina or Georgia as described in paragraph (a)(3)(ii) of this
section.
(i) Trip ticket data. NMFS has access to records of golden crab
landings reported under the trip ticket systems in Florida and South
Carolina. No further documentation or submission of these records is
required if the applicant was the owner of the harvesting vessel at the
time of the landings documented by these records. Landings reported
under these trip ticket systems and received by the respective states
prior to December 31, 1995, are conclusive as to landings in the
respective states during the period that landing reports were required
or voluntarily submitted by a vessel. For such time periods, landings
data from other sources will not be considered for landings in these
states. An applicant will be given printouts of trip ticket records for
landings made when the applicant owned the harvesting vessel. An
applicant will have an opportunity to submit records they believe were
omitted or to clarify allocation of landings.
(ii) Additional landings data. (A) An owner of a vessel that does
not meet the criteria for initial eligibility for a vessel permit based
on landings documented by the trip ticket systems of Florida or South
Carolina may submit documentation of required landings that either
occurred prior to the implementation of the respective trip ticket
systems or occurred in North Carolina or Georgia. Acceptable
documentation of such landings consists of trip receipts or dealer
records that definitively show the species known as golden crab, the
vessel's name, official number, or other reference that clearly
identifies the vessel, and dates and amounts of golden crab landings.
In addition, a sworn affidavit may be submitted to document landings. A
sworn affidavit is a notarized written statement wherein the individual
signing the affidavit affirms under penalty of perjury that the
information presented is accurate to the best of his or her knowledge,
information, and belief.
(B) Documentation by a combination of trip receipts and dealer
records is acceptable, but duplicate records for the same landings will
not result in additional credit.
(C) Additional data submitted under paragraph (a)(3)(ii) of this
section must be attached to a Golden Crab Landings Data form, which is
available from the Regional Director, and must be postmarked not later
than 30 days after the publication date of the final rule implementing
the FMP.
(iii) Verification. Documentation of golden crab landings and other
information submitted under this section are subject to verification by
comparison with state, Federal, and other records and information.
Submission of false documentation or information may disqualify a
person from initial participation under the golden crab controlled
access program.
(4) Application procedure. Permit application forms are available
from the Regional Director. An application for an initial vessel permit
that is postmarked or hand-delivered after the date 30 days after
publication of the final rule implementing the FMP will not be
accepted. Application for renewal of an existing vessel permit may be
submitted up to 2 months prior to expiration. Application for transfer
of an existing vessel permit may be submitted at any time.
(i) An application for a vessel permit must be submitted and signed
by the owner (in the case of a corporation, an officer or shareholder
who meets the requirements of Sec. 686.4(a)(2); in the case of a
partnership, a general partner who meets these requirements) or
operator of the vessel. All permits are mailed to owners, whether the
applicant is an owner or an operator.
(ii) A permit applicant must provide the following information:
(A) A copy of the vessel's valid U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its valid state
registration certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
(D) Documentation of initial eligibility as specified in paragraphs
(a)(2) and (a)(3) of this section.
(E) The designated fishing zone, as specified in paragraph (a)(8)
of this section, in which the vessel will fish.
(F) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas
requested by the Regional Director.
(G) Any other information that may be necessary for the issuance or
administration of the permit, as requested by the Regional Director and
included on the application form.
(5) Issuance. (i) Under the controlled access program, there will
be only one period for the issuance of vessel permits, except for
renewals or transfers of existing permits. The Regional Director will
issue an initial vessel permit to an applicant no later than 90 days
after publication of the final rule implementing the FMP if the
application is complete and the eligibility requirements specified in
paragraph (a)(2) of this section are met.
(ii) Upon receipt of an incomplete application, the Regional
Director will notify the applicant of the deficiency. If the applicant
fails to correct the deficiency within 30 days of the date of the
Regional Director's notification, the application will be considered
abandoned.
(6) Appeals. (i) An appeal of the Regional Director's decision
regarding initial permit eligibility will be addressed by an ad hoc
appeals committee appointed by the South Atlantic Fishery Management
Council.
(ii) The appeals committee is empowered only to deliberate whether
the eligibility criteria specified in paragraph (a)(2) of this section
were applied correctly to the appellant's application. In making that
determination, the appeals committee will consider only disputed
calculations and determinations based on documentation provided as
specified in paragraph (a)(3) of this section, including transfers of
such landings records. The appeals committee is not empowered to
consider whether a person should have been eligible for a vessel permit
because of hardship or other factors.
(iii) A written request for consideration of an appeal must be
submitted within 30 days of an initial decision by the Regional
Director denying permit issuance and must provide written documentation
supporting the basis for the appeal. Such a request must contain the
appellant's acknowledgment that the confidentiality provisions of the
Magnuson Act at 16 U.S.C. 1853(d) and 50 CFR part 603 are waived with
respect to any information supplied by the Regional Director to the
Council and its advisory bodies for purposes of receiving the
recommendations of the appeals committee members on the appeal. An
appellant may also make a personal appearance before the appeals
committee.
[[Page 16082]]
(iv) The appeals committee will meet only once to consider appeals
submitted within the time period specified in paragraph (a)(6)(iii) of
this section. Members of the appeals committee will provide their
individual recommendations for each appeal to the Regional Director.
Members of the appeals committee will comment upon whether the
eligibility criteria, specified in the FMP and in paragraph (a)(2) of
this section, were correctly applied in each case, based solely on the
available record, including documentation submitted by the appellant.
The Regional Director will decide the appeal based on the the initial
eligibility criteria in paragraph (a)(2) of this section and the
available record, including documentation submitted by the appellant
and the recommendations and comments from members of the appeals
committee. The Regional Director will notify the appellant of his
decision and the reason therefore, in writing, normally within 30 days
of receiving the recommendations from the appeals committee members.
The Regional Director's decision will constitute the final
administrative action by NMFS on an appeal.
(7) Display. A vessel permit issued pursuant to this section must
be carried on board the vessel, and such vessel must be identified as
provided for in Sec. 686.6. The operator of a vessel must present the
permit for inspection upon request of an authorized officer.
(8) Designated fishing zones. The EEZ is divided into three
designated fishing zones. A vessel owner must indicate on the permit
application which zone the vessel will fish. A vessel is restricted to
fishing in the zone for which it is permitted. In the EEZ, golden crab
may be possessed on board a vessel only in the zone for which the
vessel is permitted, except that other zones may be transited if the
vessel notifies NMFS Southeast Enforcement Division (telephone: 1-800-
286-1116) in advance and does not fish in an unpermitted zone. It is a
rebuttable presumption that all golden crab on board a vessel were
harvested from the EEZ. The designated fishing zones are defined as
follows:
(i) Northern zone--that portion of the EEZ north of 28 deg.N. lat.
to the North Carolina/Virginia boundary (36 deg.34'55'' N. lat.).
(ii) Middle zone--that portion of the EEZ from 25 deg.N. lat. to
28 deg.N. lat.
(iii) Southern zone--that portion of the EEZ south of 25 deg.N.
lat. to the boundary between the Atlantic Ocean and the Gulf of Mexico,
as specified in Sec. 601.11(c) of this chapter.
(9) Transfer. (i) A vessel permit may be transferred but, when
reissued by the Regional Director for the vessel, it will be designated
at the owner's request to authorize fishing for golden crab in either
the fishing zone indicated on the original permit or in the northern
zone.
(ii) An owner of a vessel with a valid golden crab permit may
transfer the permit or for use with another vessel by returning the
existing permit to the Regional Director along with an application for
a permit for the replacement vessel.
(iii) To obtain a permit via permit transfer, the owner of the
replacement vessel must submit to the Regional Director a valid permit
for a vessel with a documented length overall or permits for vessels
with documented aggregate length overall of at least 90 percent of the
documented length overall of the replacement vessel.
(10) Renewal. (i) Vessel permits will be effective for 1 year.
Application for permit renewal is required only every 2 years. In the
interim years, a vessel permit will be renewed automatically (without
application) if the renewal requirements under paragraph (a)(10)(ii)
are met. A permitted vessel owner who does not meet the renewal
requirements will be notified by the Regional Director approximately 2
months prior to the expiration of the current vessel permit. The
notification will specify the reasons the owner is not eligible for
permit renewal and will provide an opportunity for the owner to correct
the deficiencies. For years in which permit renewal application is
required, the Regional Director will mail an application form to each
permitted vessel owner approximately 2 months prior to expiration of
the current permit. Any vessel owner who does not receive a renewal
application must contact the Regional Director to obtain a renewal
application.
(ii) The vessel permit renewal requirements are:
(A) All reports required under the Magnuson Act for the vessel have
been submitted;
(B) The Science and Research Director has received reports for the
permitted vessel, as required by Sec. 686.5(a), documenting that at
least 5,000 lb (2,268 kg) of golden crab landed from the EEZ off the
southern Atlantic states has been attributed to the permitted vessel
during at least one of the two 12-month periods immediately prior to
the expiration date of the current vessel permit; and
(C) The vessel permit has not been revoked, suspended, or denied
under paragraph (e) of this section. (iii) An existing permit for a
vessel meeting the minimum golden crab landing requirement specified in
paragraph (a)(10)(ii) of this section may be renewed by following the
procedure specified in paragraph (a)(4) of this section. However,
documentation of the vessel's initial eligibility need not be
resubmitted.
(b) Dealer permits. (1) Applicability. A dealer who receives from a
fishing vessel golden crab harvested from the EEZ must obtain a dealer
permit for golden crab.
(2) Eligibility. To be eligible for a dealer permit, an applicant
must have a valid state wholesaler's license in the state where he or
she operates, if such license is required in that state, and must have
a physical facility at a fixed location in that state.
(3) Application procedure. (i) Permit application forms are
available from the Regional Director. An application for a dealer
permit must be submitted and signed by the dealer or an officer of a
corporation acting as a dealer. The application must be submitted to
the Regional Director at least 30 days prior to the desired effective
date of the permit.
(ii) A permit applicant must provide the following information:
(A) A copy of each state wholesaler's license held by the dealer.
(B) Business name; mailing address, including zip code, of the
principal office of the business; telephone number; employer
identification number, if one has been assigned by the Internal Revenue
Service; and date the business was formed.
(C) The address of each physical facility at a fixed location where
the business receives golden crab.
(D) Applicant's name; official capacity in the business; address,
including zip code; telephone number; and identifying information
specified on the application form.
(E) If the acquired dealership is currently permitted, the
application must be accompanied by the permit and a copy of a signed
bill of sale or equivalent acquisition papers.
(F) Any other information requested by the Regional Director that
may be necessary for the issuance or administration of the permit.
(4) Issuance. (i) The Regional Director will issue a dealer permit
if the application is complete and the specific requirements for the
requested permit have been met. An application is complete when the
Regional Director has received all required forms, information, and
documentation.
(ii) Upon receipt of an incomplete application, the Regional
Director will notify the applicant of the deficiency. If the applicant
fails to correct the
[[Page 16083]]
deficiency within 30 days of the date of the Regional Director's letter
of notification, the application will be considered abandoned.
(5) Display. A dealer permit issued pursuant to this section must
be available on the dealer's premises. A dealer must present the permit
for inspection upon request of an authorized officer.
(6) Transfer. A dealer permit issued under this section is not
transferable or assignable. A person who acquires a dealership who
desires to conduct activities for which a permit is required must apply
for a permit in accordance with the paragraph (b)(3) of this section.
(7) Renewal. Dealer permits will be effective for 1 year.
Application for permit renewal is required only every 2 years. In the
interim years, permits will be renewed automatically (without
application) if the dealer has submitted all reports required under the
Magnuson Act, and the dealer's permit has not been revoked, suspended,
or denied under paragraph (e) of this section. A permitted dealer who
does not meet the renewal requirements will be notified by the Regional
Director approximately 2 months prior to the expiration of the current
dealer permit. The notification will specify the reasons the dealer is
not eligible for permit renewal and will provide an opportunity for the
dealer to correct the deficiencies. For years in which permit renewal
application is required, the Regional Director will mail an application
form to each permitted dealer approximately 2 months prior to
expiration of the current permit. Any dealer who does not receive a
renewal application must contact the Regional Director to obtain a
renewal application.
(c) Fees. A fee is charged for each permit application submitted
pursuant to this section. The amount of the fee is calculated in
accordance with the procedures of the NOAA Finance Handbook for
determining the administrative costs of each special product or
service. The fee may not exceed such costs and is specified with each
application form. The appropriate fee must accompany each application.
(d) Duration. A permit remains valid for the period for which it is
issued unless revoked, suspended, or modified pursuant to subpart D of
15 CFR part 904.
(e) Sanctions and denials. A permit issued pursuant to this section
may be revoked, suspended, or modified, and a permit application may be
denied, in accordance with the procedures governing enforcement-related
permit sanctions and denials found at subpart D of 15 CFR part 904.
(f) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(g) Replacement. The Regional Director may issue a replacement
permit. An application for a replacement permit will not be considered
a new application. A fee, the amount of which is stated with the
application form, must accompany each request for a replacement permit.
(h) Change in application information. The owner or operator of a
vessel with a permit for golden crab or a dealer with a permit issued
pursuant to this section must notify the Regional Director within 15
days after any change in the application information required by
paragraphs (a)(4) or (b)(2) of this section. The permit is void if any
change in the information is not reported within 15 days.
Sec. 686.5 Recordkeeping and reporting.
(a) Permitted vessels. The owner or operator of a vessel for which
a permit for golden crab has been issued, as required by
Sec. 686.4(a)(1), and that is selected by the Science and Research
Director must maintain a daily logbook form for each fishing trip on a
form available from the Science and Research Director. Among other
things, information to be reported includes a record of fishing
locations, time fished, fishing gear used, amount of golden crab
caught, numbers of each species discarded, and such basic economic data
as may be included on the form. Logbook forms must be submitted to the
Science and Research Director, and must be delivered or postmarked not
later than 30 days after sale of the golden crab off-loaded from a
trip. If no fishing occurred during a month, a report so stating must
be submitted in accordance with instructions provided with the forms.
(b) Dealers. A dealer with a permit required by Sec. 686.4(b)(1)
who is selected by the Science and Research Director must provide
information on receipts of golden crab and prices paid, to the Science
and Research Director at monthly intervals, postmarked not later than 5
days after the end of each month. Such information must be submitted at
more frequent intervals if requested by the Science and Research
Director.
(c) Additional data and inspection. Additional data will be
collected by authorized statistical reporting agents, as designees of
the Science and Research Director, and by authorized officers. An owner
or operator of a fishing vessel and a dealer possessing golden crab in
or from the EEZ are required upon request to make golden crab, or parts
thereof, available for inspection by the Science and Research Director
or an authorized officer.
Sec. 686.6 Vessel and gear identification.
(a) Official number. The owner and operator of a vessel with a
valid permit, as required under Sec. 686.4, must ensure that the
vessel's official number is displayed--
(1) On the port and starboard sides of the deckhouse or hull, and
on a weather deck, so as to be clearly visible from an enforcement
vessel or aircraft;
(2) In block arabic numerals in contrasting color to the
background;
(3) At least 18 inches (45.7 cm) in height for fishing vessels over
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for
all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Duties of operator. The operator of a vessel with a valid
vessel permit, as required under Sec. 686.4, must--
(1) Keep the official number clearly legible and in good repair;
and
(2) Ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material aboard obstructs the view of the official
number from an enforcement vessel or aircraft.
(c) Traps. Each golden crab trap used or possessed in the EEZ must
have the vessel permit number permanently affixed. Trap tags with
permit numbers are available from the Regional Director at cost, but
they are not required. Any method of permanently affixing a legible
permit number to a trap so as to be easily distinguished, located, and
identified is acceptable.
(d) Buoys. The use of buoys to identify golden crab traps is not
required. However, if a buoy is used to identify a trap, the buoy must
display the vessel permit number so as to be easily distinguished,
located, and identified. The permit number must be affixed to the buoy
in legible figures at least 2 inches (5.1 cm) in height.
(e) Presumption of ownership. A golden crab trap in the EEZ will be
presumed to be the property of the most recently documented owner. This
presumption will not apply with respect to traps that are lost or sold
if the owner reports the loss or sale within 15 days to the Regional
Director.
(f) Unmarked traps. An unmarked golden crab trap deployed in the
EEZ is illegal. It may be considered abandoned and may be disposed of
in any appropriate manner by the Regional Director. If an owner of an
unmarked or improperly marked trap can be determined, such owner is
subject to appropriate civil penalties.
[[Page 16084]]
Sec. 686.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Fish for, possess, or sell golden crab in or from the EEZ
without a valid vessel permit, as specified in Sec. 686.4(a)(1).
(b) As a dealer, receive golden crab from the EEZ without a valid
dealer permit, as specified in Sec. 686.4(b)(1).
(c) Falsify information specified in Sec. 686.4(a)(4)(ii) or
(b)(3)(ii) on an application for a permit.
(d) Fail to display or present a permit, as specified in
Sec. 686.4(a)(7) or (b)(5).
(e) Fish for or possess golden crab in or from the EEZ in a
designated fishing zone other than the zone for which the vessel is
permitted, except as specified in Sec. 686.4(a)(8).
(f) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 686.5(a) through (c), or as may be required by Sec. 686.25.
(g) Fail to make a golden crab in or from the EEZ, or parts
thereof, available for inspection, as specified in Sec. 686.5(c).
(h) Falsify or fail to display and maintain vessel and gear
identification, as required by Sec. 686.6(a) through (d).
(i) Fail to carry an observer on a trip when selected, as specified
in Sec. 686.10(a).
(j) Falsify or fail to provide requested information regarding a
vessel's trip, as specified in Sec. 686.10(b).
(k) Assault, resist, oppose, impede, harass, intimidate, or
interfere with a NMFS-approved observer aboard a vessel.
(l) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or
her duties aboard a vessel.
(m) Fail to provide an observer with the required food,
accommodations, access, and assistance, as specified in Sec. 686.10(c).
(n) Possess or land golden crab in or from the EEZ in other than
whole condition, as specified in Sec. 686.21(a).
(o) Possess on board a vessel or land female golden crabs in or
from the EEZ in excess of the maximum amount specified in
Sec. 686.21(b).
(p) Possess any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form on board a vessel fishing for or
possessing golden crab in or from the EEZ, as specified in
Sec. 686.21(c).
(q) Engage in a directed fishery for golden crab in the EEZ with
unauthorized gear or retain golden crab in or from the EEZ on board a
vessel possessing or using unauthorized gear, as specified in
Sec. 686.22(a).
(r) Use or possess in the EEZ a golden crab trap in excess of the
maximum size specified in Sec. 686.22(b).
(s) Use or possess in the EEZ a golden crab trap not in conformance
with the required escape mechanisms, as specified in Sec. 686.22(c).
(t) Use a golden crab trap in the EEZ in depths less than the
minimum depths specified in Sec. 686.22(d).
(u) Pull or tend another person's golden crab trap, except as
specified in Sec. 686.22(e).
(v) Sell, trade, or barter or attempt to sell, trade, or barter
golden crab harvested in the EEZ to a dealer who does not have a
permit, as specified in Sec. 686.23(b).
(w) Purchase, trade, or barter or attempt to purchase, trade, or
barter golden crab harvested in the EEZ unless the harvesting vessel
has a permit for golden crab, as specified in Sec. 686.23(c).
(x) Sell, trade, or barter or attempt to sell, trade, or barter a
female golden crab in or from the EEZ, as specified in Sec. 686.23(d).
(y) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of golden crab.
(z) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
Sec. 686.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 686.9 Penalties.
See Sec. 620.8 of this chapter.
Sec. 686.10 At-sea observer coverage.
(a) If a vessel's trip is selected by the Science and Research
Director for observer coverage, the owner or operator of such vessel
must carry a NMFS-approved observer.
(b) When notified in writing by the Science and Research Director
that his or her vessel has been selected to carry an NMFS-approved
observer, an owner or operator of a vessel for which a vessel permit
has been issued under Sec. 686.4 must advise the Science and Research
Director in writing not less than 5 days in advance of each trip of the
following:
(1) Departure information (port, dock, date, and time); and
(2) Expected landing information (port, dock, and date).
(c) An owner or operator of a vessel on which a NMFS-approved
observer is embarked must--
(1) Provide accommodations and food that are equivalent to those
provided to the crew;
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's duties;
(3) Allow the observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's
position;
(4) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any
other space used to hold, process, weigh, or store golden crab; and
(5) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of golden crab for that trip.
Subpart B--Management Measures
Sec. 686.20 Fishing year.
The fishing year for golden crab begins on January 1 and ends on
December 31.
Sec. 686.21 Harvest and possession limitations.
(a) Carcass condition. A golden crab possessed in or from the EEZ
must remain in whole condition through landing.
(b) Female crabs. It is intended that no female golden crabs in or
from the EEZ be retained on board a vessel and that any female golden
crab in or from the EEZ be released in a manner that will ensure
maximum probability of survival. However, to accommodate legitimate
incidental catch and retention, a maximum incidental catch allowance is
established. The number of female golden crabs in or from the EEZ
retained on board a vessel may not exceed 0.5 percent, by number, of
all golden crabs on board. See Sec. 686.23(d) regarding the prohibition
of sale of female golden crabs.
(c) Snapper-grouper species. No person aboard a vessel fishing for
or possessing golden crab in or from the EEZ or possessing golden crab
traps may possess any species of fish in the snapper-grouper fishery in
whole, gutted, or filleted form. Only the head, fins, and backbone
(collectively the ``rack'') of these species may be possessed for use
as bait. See 50 CFR 646.2 for the definition of fish in the snapper-
grouper fishery.
Sec. 686.22 Gear restrictions.
(a) Authorized gear. Traps are the only fishing gear authorized in
the
[[Page 16085]]
directed golden crab fishery in the EEZ. Rope is the only material
allowed to be used for mainlines and buoy lines, except that wire cable
will be allowed for these purposes for 18 months after [publication of
the final rule implementing the FMP]. Golden crab in or from the EEZ
may not be retained on board a vessel possessing or using unauthorized
gear.
(b) Maximum trap size. The maximum volume of a trap deployed or
possessed in the EEZ is 64 cubic feet (ft3) (1.81 cubic meters
(m3)) in the northern zone and 48 ft3 (1.36 m3) in the
middle and southern zones. See Sec. 686.4(a)(8) for a description of
the respective zones.
(c) Trap escape mechanisms. (1) Escape gaps. Each trap must have at
least one escape gap or escape ring on each of two opposite vertical
sides. The minimum inside dimensions of an escape gap are 2.75 by 3.75
inches (6.99 by 9.53 cm); the minimum inside diameter of an escape ring
is 4.5 inches (11.4 cm).
(2) Biodegradable escape mechanism. In addition to the escape gaps
required by paragraph (c)(1) of this section, each trap, except as
noted in paragraph (c)(3) of this section, must have a biodegradable
escape panel or door measuring at least 12 by 12 inches (30.5 by 30.5
cm), located on at least one side, excluding top and bottom. The hinges
and fasteners of each door or panel must be made of one of the
following degradable materials:
(i) Ungalvanized or uncoated iron wire no larger than 19-gauge or
0.041-inch (0.10-cm) diameter;
(ii) Untreated cotton string of 3/1609inch (0.4809cm) diameter or
smaller.
(3) Traps constructed of webbing. The provisions of paragraph
(c)(2) of this section notwithstanding, traps constructed of webbing
must have an opening (slit) at least 1 foot (30.5 cm) in length that
may be closed (relaced) only with cotton string of 3/1609inch
(0.4809cm) diameter or smaller.
(d) Depth limitations. In the northern zone, traps may not be
deployed in waters of less than 900 ft (274 m) depth. In the middle and
southern zones, traps may not be deployed in waters of less than 700 ft
(213 m) depth. See Sec. 686.4(a)(8) for a description of the respective
zones.
(e) Tending traps. A golden crab trap may be pulled or tended only
by a person (other than an authorized officer) aboard the vessel
permitted to fish such trap, or aboard another vessel if such vessel
has on board written consent of the vessel permit holder and possesses
a valid golden crab vessel permit.
Sec. 686.23 Restrictions on sale.
(a) No person may purchase, barter, trade, or sell, or attempt to
purchase, barter, trade, or sell, a golden crab harvested in the EEZ by
a vessel for which a valid permit has not been issued under Sec. 686.4.
(b) No person may sell, trade, or barter, or attempt to sell,
trade, or barter, a golden crab harvested in the EEZ by a vessel
permitted under Sec. 686.4 to a dealer who does not have a valid permit
issued under Sec. 686.4.
(c) No dealer who has a valid permit issued under Sec. 686.4 may
purchase, trade, or barter, or attempt to purchase, trade, or barter, a
golden crab harvested in the EEZ from a vessel for which a valid permit
has not been issued under Sec. 686.4.
(d) The sale, trade or barter or attempted sale, trade, or barter
of a female golden crab harvested from the EEZ is prohibited.
Sec. 686.24 Adjustment of management measures.
In accordance with the procedures and limitations of the FMP, the
Regional Director may establish or modify the following items relating
to the golden crab fishery: Maximum sustainable yield, acceptable
biological catch, total allowable catch, quotas (including quotas equal
to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures, time
frame for recovery of golden crab if overfished, fishing year
(adjustment not to exceed 2 months), observer requirements, and
authority for the Regional Director to close the fishery when a quota
is reached or is projected to be reached.
Sec. 686.25 Specifically authorized activities.
The Assistant Administrator may authorize, for the acquisition of
information and data, activities otherwise prohibited by this part. In
addition, the Regional Director may issue a permit for experimental
fishing, provided that, as a condition of such permit, data on the gear
used and fish caught in such experimental fishing is maintained and
provided to the Science and Research Director.
[FR Doc. 96-9059 Filed 4-10-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-9045 Representative Payment
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16067-16068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9045]
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RAILROAD RETIREMENT BOARD
20 CFR Part 348
RIN 3220-AB14
Representative Payment
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its
regulations in order to provide guidelines regarding the selection,
payment, responsibilities, and monitoring of representative payees
under the Railroad Unemployment Insurance Act. This proposal is being
made to improve the administration of the Board's representative payee
program.
DATES: Comments must be received on or before June 10, 1996.
ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush
Street, Chicago, Illinois 60611.
FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General
Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611, (312) 751-4513; TDD (312) 751-4701.
SUPPLEMENTARY INFORMATION: The Railroad Unemployment Insurance Act (45
U.S.C. 351-368) provides a system of unemployment and sickness benefits
for railroad employees who meet certain eligibility requirements under
that Act. On rare occasions, a claimant is incompetent to file for or
receive benefits under the Act without the assistance of a
representative payee. Under such circumstances, section 12(a) of the
Railroad Retirement Act expressly authorizes the Board to make
payments, or conduct transactions, directly with the claimant, with a
legally appointed guardian of the claimant, or with any other person on
the claimant's behalf, even though the claimant is an incompetent for
whom a guardian is acting. The provisions of section 12(a) are
applicable to benefits claimed or paid under any Act administered in
whole or in part by the Board, including the Railroad Unemployment
Insurance Act.
There has been growing concern in the Congress to assure that
surrogate decision-making services, including representative-payee
services, are provided in a uniform, high quality manner which
maximizes the potential of every individual for self-reliance and
independence.
The Board is currently in the process of a comprehensive program to
review and revise its regulations. New part 348 is proposed at this
time to address concerns that adequate safeguards be provided where
payment of a benefit under the Railroad Unemployment Insurance Act is
made to a representative payee rather than directly to the claimant.
Part 348 incorporates the extensive regulations found in part 266 of
this chapter dealing with appointment of a representative payee under
the Railroad Retirement Act.
The Board has, in coordination with the Office of Management and
Budget, determined that this is not a significant regulatory action for
purposes of Executive Order 12866; therefore, no regulatory impact
analysis is required. Information collection has been approved by the
Office of Management and Budget under control numbers 3220-0052 and
3220-0151.
List of Subjects in 20 CFR Part 348
Railroad employees, Railroad unemployment and sickness insurance
benefits.
For the reasons set out in the preamble, the Board proposes to add
a new part 348 to title 20 of the Code of Federal Regulations as
follows:
PART 348--REPRESENTATIVE PAYMENT
Sec.
348.1 Introduction.
348.2 Recognition by the Board of a person to act in behalf of
another.
Authority: 45 U.S.C. 355, 45 U.S.C. 231k.
Sec. 348.1 Introduction.
(a) Explanation of representative payment. This part explains the
principles and procedures that the Board follows in determining whether
to make representative payment and in selecting a representative payee.
It also explains the responsibilities that a representative payee has
concerning the use of the funds which he or she receives on behalf of a
claimant. A representative payee may be either a person or an
organization selected by the Board to receive benefits on behalf of a
claimant. A representative payee will be selected if the Board believes
that the interest of a claimant will be served by representative
payment rather than direct payment of benefits.
[[Page 16068]]
Generally, the Board will appoint a representative payee if it
determines that the claimant is not able to manage or direct the
management of benefit payments in his or her interest.
(b) Statutory authority. Section 12 of the Railroad Retirement Act,
which is also applicable to the Railroad Unemployment Insurance Act,
provides that every claimant shall be conclusively presumed to have
been competent until the date on which the Board receives a notice in
writing that a legal guardian or other person legally vested with the
care of the person or estate of an incompetent or a minor has been
appointed: Provided, however, That despite receiving such notice, the
Board may, if it finds the interests of such claimant to be served
thereby, recognize actions by, conduct transactions with, and make
payments to such claimant.
(c) Policy used to determine whether to make representative
payment. (1) The Board's policy is that every claimant has the right to
manage his or her own benefits. However, due to mental or physical
condition some claimants may be unable to do so. If the Board
determines that the interests of a claimant would be better served if
benefit payments were certified to another person as representative
payee, the Board will appoint a representative payee in accordance with
the procedures set forth in this part. The Board may appoint a
representative payee even if the claimant is a legally competent
individual. If the claimant is a legally incompetent individual, the
Board may appoint the legal guardian or some other person as a
representative payee.
(2) If payment is being made directly to a claimant and a question
arises concerning his or her ability to manage or direct the management
of benefit payments, the Board may, if the claimant has not been
adjudged legally incompetent, continue to pay the claimant until the
Board makes a determination about his or her ability to manage or
direct the management of benefit payments and the selection of a
representative payee.
Sec. 348.2 Recognition by the Board of a person to act in behalf of
another.
The provisions of part 266 of this chapter shall be applicable to
the appointment of a representative payee under this part to the same
extent and in the same manner as they are applicable to the appointment
of a representative payee under the Railroad Retirement Act.
Dated: April 4, 1996.
By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 96-9045 Filed 4-10-96; 8:45 am]
BILLING CODE 7905-01-P
Complete official Federal Register PDF
FR Doc. 96-9025 Meeting Regarding NEI 95-01, ``Nuclear Power Plant Personnel Access Authorization Standards and Procedures''
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Page 16067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9025]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 61, No. 71 / Thursday, April 11, 1996 /
Proposed Rules
[[Page 16067]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
RIN 3150-AF36
Meeting Regarding NEI 95-01, ``Nuclear Power Plant Personnel
Access Authorization Standards and Procedures''
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: Representatives of the Nuclear Energy Institute (NEI)
requested a meeting with the NRC staff to discuss potential regulatory
issues associated with NEI 95-01, ``Nuclear Power Plant Personnel
Access Authorization Standards and Procedures,'' dated December 1995.
The NEI distributed NEI 95-01 to industry and NRC staff on December 28,
1995, requesting NRC review to ensure that the industry guidance did
not conflict with applicable NRC regulations. The NEI representatives
requested the meeting in an effort to expedite a revised version of the
document which it intends to publish in the near future.
DATES: The meeting will be held on April 22, 1996, from 2 p.m. to 4
p.m.
ADDRESSES: The meeting will be held in Room 4-B-13 at NRC Headquarters
located at One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852-2738.
FOR FURTHER INFORMATION CONTACT: Nancy Ervin, (301) 415-2946.
Dated at Rockville, Maryland, this 5th day of April 1996.
LeMoine J. Cunningham,
Chief, Safeguards Branch, Division of Reactor Program Management,
Office of Nuclear Reactor Regulation.
[FR Doc. 96-9025 Filed 4-10-96; 8:45 am]
BILLING CODE 7590-01-P
Complete official Federal Register PDF
FR Doc. 96-8995 Groundfish of the Bering Sea and Aleutian Islands Area; Reserve Apportionment
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16085-16086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8995]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 960129019-6091-01; I.D. 040496A]
Groundfish of the Bering Sea and Aleutian Islands Area; Reserve
Apportionment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Apportionment of reserve; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to apportion reserve to certain target species
in the Bering Sea and Aleutian Islands management area (BSAI). This
action is necessary to allow for ongoing harvest and account for
previous harvest of the total allowable catch (TAC). It is intended to
promote the goals and objectives of the North Pacific Fishery
Management Council.
DATES: Comments must be received at the following address no later than
4:30 p.m., Alaska local time, April 25, 1996.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, 709 W. 9th, room 453, Juneau,
AK 99801 or P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.
FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the U.S. BSAI
exclusive economic zone is managed by NMFS according to the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area (FMP) prepared by the North Pacific Fishery
Management Council under authority of the Magnuson Fishery Conservation
and Management Act. Fishing by U.S. vessels is governed by regulations
implementing the FMP at 50 CFR parts 620 and 675.
The Director, Alaska Region, NMFS, has determined that the initial
TACs specified for the following species need to be supplemented from
the non-specific reserve in order to continue operations and account
for prior harvest, as follows: For pollock in the Bering Sea subarea;
for pollock in the Aleutian Islands subarea; for Atka mackerel in the
combined Eastern Aleutian District and Bering Sea subarea; for Pacific
ocean perch in the Eastern Aleutian District; for Atka mackerel and
Pacific ocean perch in the Central and Western Aleutian Districts; and
for Pacific cod, arrowtooth flounder, and the ``other species''
category in the BSAI.
[[Page 16086]]
Therefore, in accordance with Sec. 675.20(b), NMFS proposes to
apportion from the reserve to TACs for the following species: (1)
Bering Sea subarea - 89,250 metric tons (mt) to pollock; (2) Aleutian
Islands subarea - 2,670 mt to pollock; (3) Eastern Aleutian District
and Bering Sea subarea - 4,005 mt to Atka mackerel; (4) Eastern
Aleutian District - 454 mt to Pacific ocean perch; (5) Central Aleutian
District - 5,040 mt to Atka mackerel and 454 mt to Pacific ocean perch;
(6) Western Aleutian District - 6,879 mt to Atka mackerel and 907 mt to
Pacific ocean perch; and (7) BSAI - 40,500 mt to Pacific cod, 1,350 mt
to arrowtooth flounder and 3,019 mt to the ``other species'' category.
These proposed apportionments are consistent with
Sec. 675.20(a)(2)(i) and do not result in overfishing of a target
species or the `other species' category, because the revised TACs are
equal to or less than specifications of acceptable biological catch.
Pursuant to Sec. 675.20(a)(3)(i), the proposed apportionments of
pollock are allocated between the inshore and offshore components: (1)
For the Bering Sea subarea - 31,238 mt to vessels catching pollock for
processing by the inshore component and 58,012 mt to vessels catching
pollock for processing by the offshore component; and (2) for the
Aleutian Islands subarea - 935 mt to vessels catching pollock for
processing by the inshore component and 1,735 mt to vessels catching
pollock for processing by the offshore component.
Pursuant to Sec. 675.20(a)(3)(iv), the proposed apportionment of
the BSAI Pacific cod TAC is allocated 810 mt to vessels using jig gear,
17,820 mt to vessels using hook-and-line or pot gear, and 21,870 mt to
vessels using trawl gear.
In accordance with the Final 1996 Harvest Specifications for the
BSAI (61 FR 4311, February 5, 1996), the allocation to hook-and-line/
pot gear will result in seasonal apportionments as follows: For the
period January 1 through April 30 - 94,118 mt, for the period May 1
through August 31 - 21,176 mt, and for the period September 1 through
December 31 - 3,506 mt.
Classification
This action is taken under 50 CFR 675.20 and is in compliance with
E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 5, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-8995 Filed 4-10-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-8818 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16068-16073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8818]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5456-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the RSR Corporation
Superfund Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces
its intent to delete the residential portions of the RSR Corporation
Superfund Site (RSR Site) known as Operable Unit (OU) Nos. 1 and 2 from
the National Priorities List (NPL) and requests public comment on this
action. The NPL constitutes Appendix B to the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300,
which EPA promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).
This proposal for partial deletion pertains to OU No. 1, which
includes all privately owned residential properties and residential
high risk areas, such as schools and day care centers, located in the
RSR site. In addition, this proposal for partial deletion pertains to
OU No. 2, which includes the public residential housing area located in
RSR Site that is currently owned by the Dallas Housing Authority (DHA).
EPA has issued no further action Records of Decision (RODs) for OU Nos.
1 and 2. EPA bases its proposal to delete OU Nos. 1 and 2 on the
determination by EPA and the State of Texas, through the Texas Natural
Resource Conservation Commission (TNRCC), that all appropriate actions
under CERCLA have been implemented to protect human health, welfare and
the environment at OU Nos. 1 and 2.
This partial deletion pertains only to OU Nos. 1 and 2 of the RSR
Site and does not include OU Nos. 3, 4 and 5. OU Nos. 3, 4 and 5 will
remain on the NPL, and response activities will continue at those OUs.
DATES: The EPA will accept comments concerning its proposal for partial
deletion for thirty (30) days after
[[Page 16069]]
publication of this document in the Federal Register and a newspaper of
record.
ADDRESSES: Comments may be mailed to: Ms. Olivia Rodriguez Balandran,
Community Relations Coordinator, U.S. EPA, Region 6 (6SF-P), 1445 Ross
Avenue, Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6484.
INFORMATION REPOSITORIES: Comprehensive information on the RSR Site as
well as information specific to this proposed partial deletion is
available for review at EPA's Region 6 office in Dallas, Texas. The
Administrative Records for OU Nos. 1 and 2 and the Deletion Docket for
this partial deletion are maintained at the following RSR Site
document/information repositories:
U.S. EPA, Region 6, Library, 12th Floor (6MD-II), 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-6424 or 665-6427, Hours of
Operation: M-F 8:00 a.m. to 4:30 p.m.
Dallas Public Library, 2332 Singleton Blvd., Dallas, Texas 75212, (214)
670-6445, Hours of Operation: M and W 10 a.m.-6 p.m., T and Th 10 a.m.-
8 p.m. Sat 10 a.m.-5 p.m.
Texas Natural Resource Conservation Commission, 12118 North IH 35,
Technical Park Center, Room 190, Building D, Austin, Texas 78753, (512)
239-2920 Hours of Operation: M-F 8:00 a.m.-5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Carlos A. Sanchez, Project
Manager, U.S. EPA, Region 6 (6SF-AT), 1445 Ross Avenue, Dallas, Texas
75202-2733, (214) 665-8507.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
Appendix
A. Deletion Docket
B. Site Coordinate Boundaries
I. Introduction
The United States Environmental Protection Agency (EPA) Region 6
announces its intent to delete a portion of the RSR Corporation
Superfund Site (RSR Site) located in, Dallas, Dallas County, Texas,
(Figure 1) from the National Priorities List (NPL), which constitutes
Appendix B of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR part 300, and requests comments on this
proposal. This proposal for partial deletion pertains to OU No. 1,
which consists of all privately owned residential properties and
associated residential high risk areas, such as schools, churches and
day care centers in the RSR Site. OU No. 1 is bounded on the north and
east by the Trinity River, on the south by Ft. Worth Avenue and Davis
Street, and on the west by State Highway Loop 12 (Walton Walker Blvd.)
and the Dallas city limits at the levee (approximately 1/2 mile west of
Loop 12). In addition, this proposal for partial deletion pertains to
OU No. 2, which includes the public residential housing area in the RSR
Site that is currently owned by the Dallas Housing Authority (DHA). OU
No. 2 is bounded by Westmoreland Road to the west, Hampton Road to the
east, Canada Drive to the north and Singleton Boulevard to the south.
BILLING CODE 6560-50-P
[[Page 16070]]
[GRAPHIC] [TIFF OMITTED] TP11AP96.000
BILLING CODE 6560-50-C
[[Page 16071]]
In OU Nos. 1 and 2, extensive sampling and risk assessments have
been completed at all private and public residential properties and
residential high risk areas and cleanups performed to remove
contamination related to a former secondary lead smelter to residential
action levels. In OU No. 1 EPA implemented investigations and response
actions at residential properties where property owners granted
voluntary access for the performance of the activities. Of
approximately 1,000 residential property owners only 30 refused to
provide EPA voluntary access for the response activities. Since it is
EPA's policy not to conduct response activities at private residential
property without first obtaining permission from the resident, EPA did
not perform certain CERCLA response actions at the locations where
access was denied. Based on the investigation and cleanup efforts, on
May 9, 1995, EPA issued a Record of Decision for OU No. 1 stating that
no further action is necessary to protect human health and the
environment. Similarly, based on extensive investigations and cleanup
efforts in OU No. 2, on May 9, 1995, EPA issued a Record of Decision
for OU No. 2 stating that no further action is necessary to protect
human health and the environment in OU No. 2.
EPA proposes to delete OU Nos. 1 and 2 because all appropriate
CERCLA response activities have been completed in those areas. However,
response activities at OU Nos. 3, 4, and 5 of the RSR Site are not yet
complete, and OU Nos. 3, 4, and 5 will remain on the NPL and are not
the subject of this partial deletion.
The NPL is a list maintained by EPA of sites that EPA has
determined present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). Pursuant to 40
CFR 300.425(e) of the NCP, any site or portion of a site deleted from
the NPL remains eligible for Fund-financed remedial actions if
conditions at the site warrant such action.
EPA will accept comments concerning its intent for partial deletion
for thirty (30) days after publication of this notice in the Federal
Register and a newspaper of record.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate to protect public
health or the environment. In making such a determination pursuant to
Sec. 300.425(e), EPA will consider, in consultation with the State,
whether any of the following criteria have been met:
Section 300.425(e)(1)(i). Responsible parties or other persons have
implemented all appropriate response actions required; or
Section 300.425(e)(1)(ii). All appropriate Fund-financed response
under CERCLA has been implemented, and no further response action by
responsible parties is appropriate; or
Section 300.425(e)(1)(iii). The remedial investigation has shown
that the release poses no significant threat to public health or the
environment and, therefore, taking of remedial measures is not
appropriate.
Deletion of a portion of a site from the NPL does not preclude
eligibility for subsequent Fund-financed actions at the area deleted if
future site conditions warrant such actions. Section 300.425(e)(3) of
the NCP provides that Fund-financed actions may be taken at sites that
have been deleted from the NPL. A partial deletion of a site from the
NPL does not affect or impede EPA's ability to conduct CERCLA response
activities at areas not deleted and remaining on the NPL. In addition,
deletion of a portion of a site from the NPL does not affect the
liability of responsible parties or impede agency efforts to recover
costs associated with response efforts.
III. Deletion Procedures
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any person's rights or obligations. The NPL is
designed primarily for informational purposes and to assist Agency
management.
The following procedures were used for the proposed deletion of OU
Nos. 1 and 2 of the RSR Site:
(1) EPA has recommended the partial deletion and has prepared the
relevant documents.
(2) The State of Texas through TNRCC concurred by letter dated
January 8, 1996, with this partial deletion.
(3) Concurrent with this national Notice of Intent for Partial
Deletion, a notice has been published in a newspaper of record and has
been distributed to appropriate federal, State, and local officials,
and other interested parties. These notices announce a thirty (30) day
public comment period on the deletion package, which commences on the
date of publication of this notice in the Federal Register and a
newspaper of record.
(4) EPA has made all relevant documents available at the
information repositories listed previously.
This Federal Register notice, and a concurrent notice in a
newspaper of record, announce the initiation of a thirty (30) day
public comment period and the availability of the Notice of Intent for
Partial Deletion. The public is asked to comment on EPA's proposal to
delete OU Nos. 1 and 2 from the NPL. All critical documents needed to
evaluate EPA's decision are included in the Deletion Docket and are
available for review at the information repositories.
Upon completion of the thirty (30) day public comment period, EPA
will evaluate all comments received before issuing the final decision
on the partial deletion. EPA will prepare a Responsiveness Summary for
comments received during the public comment period and will address
concerns presented in the comments. The Responsiveness Summary will be
made available to the public at the information repositories listed
previously. Members of the public are encouraged to contact EPA Region
6 to obtain a copy of the Responsiveness Summary. If, after review of
all public comments, EPA determines that the partial deletion from the
NPL is appropriate, EPA will publish a final notice of partial deletion
in the Federal Register. Deletion of OU Nos. 1 and 2 does not actually
occur until the final Notice of Partial Deletion is published in the
Federal Register.
IV. Basis for Intended Partial Site Deletion
The following provides EPA's rationale for deletion of OU Nos. 1
and 2 from the NPL and EPA's finding that the criteria in 40 CFR
300.425(e) are satisfied:
Background
The RSR Site is located in west Dallas, Texas and encompasses an
area of approximately 13.6 square miles. The RSR Site is very diverse
and includes large single and multi-family residential neighborhoods,
multi-family public housing areas and some industrial, commercial and
retail establishments. Contamination at the RSR Site originated from
the operation of a secondary lead smelter facility located in the heart
of west Dallas for approximately 50 years. Specifically, contamination
of the RSR Site resulted from the fallout of historical air emissions
from the smelter stack, from the use by residents of lead slag and
battery casing chips as fill material in residential driveways and
yards and from the disposal of smelter wastes in
[[Page 16072]]
several disposal areas, including two locations operated as local
municipal landfills. Lead, cadmium and arsenic are the primary
contaminants of concern at the RSR Site.
In order to expedite Superfund response actions at this large site,
especially with regard to the residential areas, EPA divided the RSR
Site into five Operable Units (OUs), Figure 1:
OU No. 1--Private Residential Properties
OU No. 2--Dallas Housing Authority (DHA) Property
OU No. 3--Slag Piles/Landfills
OU No. 4--Smelter Facility
OU No. 5--Other Industrial Property Associated with the
Smelter
EPA has been investigating, conducting human health risk
assessments and making CERCLA response action decisions for each OU
separately.
OU No. 1 includes private residential properties and high risk
locations such as schools, church play areas, parks, and day care
facilities. Industrial, commercial, and retail establishments are not
included in OU No. 1. OU No. 1 is bounded on the north and east by the
Trinity River, on the south by Ft. Worth Avenue, and on the west by
State Highway Loop 12 (Walton Walker Blvd.) and the Dallas city limits
at the levee (approximately \1/2\ mile west of Loop 12). OU No. 1
includes primarily single and multi-family housing and has a population
of approximately 17,000.
Operable Unit No. 2 is an area owned and operated by the Dallas
Housing Authority (DHA), which encompasses approximately 460 acres
within the RSR Site. The OU No. 2 site is bounded by Westmoreland Road
to the west, Hampton Road to the east, Canada Drive to the north and
Singleton Boulevard to the south. OU No. 2 includes primarily public
multi-family housing, schools, parks, recreation facilities, and a day
care center.
For approximately 50 years, secondary lead smelting operations were
conducted at the smelter facility located near the center of the RSR
Site. An extensive review of available historical information
concerning the smelter's operation indicates that from approximately
1934 until 1971, the lead smelting facility was owned and/or operated
by Murph Metals, Inc. or its predecessors. In 1971, RSR Corporation
acquired the lead smelting operation and operated the smelter under the
name Murph Metals until March 1984 when a Federal Trade Commission
divestiture order resulted in the acquisition of the smelter in May
1984 by the current owner, Murmur Corporation. In 1983, the City of
Dallas declined to renew the smelter's operating permit. This decision
was based on the smelter's historic operational practices and changes
in the City's zoning ordinance restrictions. As a result, the smelter
closed in 1984 and has not operated since that time.
The smelter facility currently consists of two properties separated
by Westmoreland Road. The smelter building, stack and other associated
buildings, which are no longer in use, are situated on one property (OU
No. 4), while a disassembled battery wrecking building and abandoned
disposal areas exist on the property across Westmoreland Road (OU No.
5). Currently, Murmur Corporation is conducting the only active site
operations, which consist of a lead manufacturing and fabricating
facility producing lead shot and lead sheets for hospital x-ray rooms.
As a result of a lawsuit brought by the City of Dallas and the
Texas Air Control Board against RSR Corporation and Murph Metals, in
1983 RSR/Murph by court order was required to fund a cleanup of the
residential community within one-half mile of the smelter. The cleanup
was conducted from 1984 through 1985 and required the removal and
offsite disposal of soils in residential areas and public play areas
and day care centers that exceeded approximately 1,000 ppm lead
concentration. The cleanup action conducted from 1984 through 1985
exceeded recommendations made by the Center for Disease Control (CDC)
and was considered a protective and appropriate action at that time.
Concerns about lead contamination in the west Dallas area re-
emerged in 1991 when TNRCC (formerly the Texas Water Commission) began
receiving complaints from area residents about residual slag piles and
battery chips allegedly originating from the former RSR Corporation
facility in areas beyond the original cleanup area. In addition, in
1991 the CDC lowered the blood lead level of concern. Consequently,
TNRCC requested that EPA re-evaluate the areal extent of smelter
contamination in west Dallas.
On May 10, 1993, EPA proposed to add the RSR Corporation Site to
the National Priorities List (NPL) of Superfund sites (58 Fed. Reg.
27,507). The final listing was published in the Federal Register on
September 29, 1995 (60 FR 50435).
OU NO. 1 Response Actions
EPA began soil sampling in west Dallas in 1991 to determine the
presence of soil contamination from the RSR smelter. Results indicated
that areas previously cleaned in the 1980s were not recontaminated and
did not require further cleanup, but that contamination existed beyond
the area formerly addressed in areas near the smelter and in areas
where battery chips were used as fill. Consequently, EPA initiated an
emergency removal action in the residential and high risk areas
(designated OU No. 1) consisting of removal and offsite disposal of
soils and debris contaminated in excess of the residential removal
action cleanup levels of 500 ppm lead, or 20 ppm arsenic, or 30 ppm
cadmium. EPA conducted removal activities at 420 residential properties
and high risk areas at OU No. 1 of the RSR Site from October 1991 to
June 1994.
In addition to the removal action, EPA conducted a remedial
investigation and a baseline human health risk assessment at OU No. 1
to determine the extent of contamination and long-term cleanup goals
for OU No. 1. On May 9, 1995, based on the results of these studies and
the completion of the removal action EPA, issued a ROD for OU No. 1
presenting EPA's decision that no further CERCLA action is necessary to
protect human health and the environment.
All of the response actions at OU No. 1 were conducted using funds
from the Hazardous Substance Superfund.
OU NO. 2 Response Actions
On August 9, 1993, EPA entered into a CERCLA Administrative Order
on Consent (AOC), Docket No. 6-21-93, with DHA, under which DHA agreed
to conduct a remedial investigation and feasibility study (RI/FS) and,
in addition, to conduct demolition and removal actions at OU No. 2.
Under the AOC, DHA was required to perform the removal and demolition
activities in the same manner and in accordance with the removal action
performed by EPA at the residential areas in OU No. 1. Pursuant to the
AOC, DHA excavated and removed contaminated soils with concentrations
equal to or in excess of residential action levels, and disposed of
those soils in appropriate and permitted offsite landfills. In
addition, DHA demolished 167 buildings using methods approved by EPA to
prevent public exposure to contaminants that may have been contained in
the building materials. DHA's demolition and removal actions were
performed with the oversight and approval of EPA and were completed in
March 1995. TNRCC also provided oversight support, and DHA coordinated
and received approval from TNRCC for the disposal of materials to
offsite landfill facilities.
[[Page 16073]]
Concurrent with DHA's investigation and removal activities, EPA
conducted a human health risk assessment for OU No. 2. Based on the
results of these studies and on the completion of the removal and
demolition activities, on May 9, 1995, EPA issued a ROD for OU No. 2
presenting its decision that no further CERCLA action is necessary to
protect human health and the environment at OU No. 2.
Community Involvement
Public participation activities for OU Nos. 1 and 2 have been
satisfied as required in CERCLA Section 113(k), 42 U.S.C. Sec. 9613(k),
and Section 117, 42 U.S.C. Sec. 9617. The Remedial Investigation
Reports, Baseline Human Health Risk Assessment Reports and the Proposed
Plans for OU Nos. 1 and 2 were released to the public on November 18,
1994. These documents as well as other documents and information EPA
relied on or considered in recommending that no further action was
necessary at these OUs were compiled for OU Nos. 1 and 2 and were made
available to the public on or before November 18, 1994. Such documents
have been available to the public in the three RSR Site information
repositories. The notice of the availability of the Proposed Plan and
supporting documents was published in The Dallas Morning News on
November 14, 1994. The public comment period was held from November 18,
1994 through January 18, 1995. A Public meeting was held on December 1,
1994, to receive public comments from the community. In addition, legal
and technical representatives from EPA participated in a radio talk
show on January 15, 1995, to receive public comments and answer
questions from citizens. Responses to all comments received during the
public comment period are included in the Responsiveness Summary
attached to the RODs for OU Nos. 1 and 2.
On May 9, 1995, EPA issued a ROD for OU No. 1 and a ROD for OU No.
2 presenting EPA's decisions that no further action is necessary at OU
Nos. 1 and 2 of the RSR Site in Dallas, Texas for protection of human
health and the environment. EPA's decisions are based on information
contained in the final Administrative Records for OU Nos. 1 and 2. The
final Administrative Records for the two OUs are available at the RSR
Site information repositories.
Current Status
Based on the successful completion of EPA's and DHA's removal
actions and the extensive investigations and risk assessments performed
for both OU No. 1 and OU No. 2, there are no further response actions
planned or scheduled for these OUs. Pursuant to the NCP, a five-year
review will not need to be performed at OU Nos. 1 and 2.
While EPA does not believe that any future response actions in OU
Nos. 1 and 2 will be needed, if future conditions warrant such action,
the proposed deletion areas of the RSR Site remain eligible for future
Fund-financed response actions. Furthermore, this partial deletion does
not alter the status of OU Nos. 3, 4, and 5 of the RSR Site which are
not proposed for deletion and remain on the NPL.
EPA, with concurrence from the State of Texas, has determined that
all appropriate CERCLA response actions have been completed at OU Nos.
1 and 2 and protection of human health and the environment has been
achieved in these areas. Therefore, EPA makes this proposal to delete
only OU Nos. 1 and 2 of the RSR Corporation Superfund Site from the
NPL.
Dated: March 25, 1996.
A. Stanley Meiburg,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region 6.
Appendix A--Docket Information
Deletion Docket--Notice of Intent for Partial Deletion of the RSR
Corporation Superfund Site, Dallas, Texas; Operable Units Nos. 1
and 2 From the Superfund National Priorities List
RSR Corporation Superfund Site Administrative Record
Index, Operable Unit No. 1, May 9, 1995.
RSR Corporation Superfund Site Administrative Record
Index, Operable Unit No. 2, May 9, 1995.
Concurrence letter dated January 8, 1996, from the
State of Texas through the Texas Natural Resource Conservation
Commission agreeing with EPA's proposal to delete OU Nos. 1 and 2 of
the RSR Site from the National Priorities List.
Notice of Intent for Partial Deletion of the RSR
Corporation Superfund Site, Operable Units Nos. 1 and 2, from the
National Priorities List.
Appendix B--Site Coordinate
RSR Corporation Superfund Site, Dallas, Texas; Site Coordinate
Boundaries
The RSR Corporation Superfund Site Operable Unit No. 1 is
generally bounded by the following longitude and latitude coordinate
points:
1. 96 deg. 49' 14''
32 deg. 46' 09''
2. 96 deg. 52' 47''
32 deg. 44' 58''
3. 96 deg. 55' 06''
32 deg. 44' 58''
4. 96 deg. 55' 31''
32 deg. 46' 50''
5. 96 deg. 54' 20''
32 deg. 47' 43''
6. 96 deg. 51' 13''
32 deg. 47' 36''
7. 96 deg. 49' 30''
32 deg. 46' 44''
The RSR Corporation Superfund Site Operable Unit No. 2 is
generally bounded by the following longitude and latitude coordinate
points:
1. 96 deg. 51' 23''
32 deg. 46' 40''
2. 96 deg. 52' 25''
32 deg. 46' 43''
3. 96 deg. 52' 25''
32 deg. 47' 33''
4. 96 deg. 51' 22''
32 deg. 47' 31''
The residential removal boundaries were based on access
agreements with the property owners identified through City of
Dallas zoning maps that described the property coordinates.
[FR Doc. 96-8818 Filed 4-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-8745 Control of Air Pollution; Removal of Obsolete, Superflous or Burdensome Rules
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Page 16068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8745]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 5l and 52
[FRL-5450-8]
Control of Air Pollution; Removal of Obsolete, Superflous or
Burdensome Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA proposes to determine that certain regulations should
be deleted or modified as obsolete, duplicative, superfluous or
otherwise unduly burdensome. In the Final Rules section of this Federal
Register, EPA is making these determinations without prior proposal. A
detailed rationale for the action is set forth in the direct final
rule. If no adverse comments are received in response to that direct
final rule, no further activity is contemplated in relation to this
proposed rule. If EPA receives adverse comments on the direct final
rule, EPA will withdraw the portions of the final rule that triggered
those comments. EPA will address those comments in a subsequent final
rule based on this proposed rule. Any rules for which no adverse or
critical comment is received will become final after the designated
period. EPA will not institute a second comment period on this notice.
Any parties interested in commenting on this notice should do so at
this time.
DATES: Comments on this action must be received by May 13, 1996.
ADDRESSES: Written comments should be mailed to: Maureen Delaney,
Office of Policy Analysis and Review (6103), Office of Air and
Radiation, U.S. Environmental Protection Agency, 401 M Street, S.W.,
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Maureen Delaney, Office of Air and
Radiation, Office of Policy Analysis and Review, (202) 260-7431.
SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule published in the Final Rules section of this Federal
Register.
Dated: March 26, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-8745 Filed 4-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-8655 Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment
[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16073-16076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8655]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 95-097, Notice 01]
RIN 2127-AF90
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices
and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, NHTSA proposes to rescind the Federal motor
vehicle safety standard on headlamp concealment devices and to transfer
its essential provisions to the safety standard on lamps, reflective
devices and associated equipment. NHTSA further proposes to simplify
some of the transferred provisions. This proposed action is part of the
President's Regulatory Reinvention Initiative to make regulations
easier to understand and to apply.
DATES: Comments are due June 10, 1996.
ADDRESSES: Comments should refer to the docket number and notice number
cited at the beginning of this notice, and be submitted to: Docket
Section, Room 5109, 400 Seventh Street, SW., Washington, DC 20590
(Docket hours are from 9:30 a.m. to 4 p.m.) It is requested that 10
copies of the comment be provided.
FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Patrick
Boyd,
[[Page 16074]]
Office of Crash Avoidance Standards, NPS-21, telephone (202) 366-6346,
FAX (202) 366-4329.
For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
20, (202) 366-2992, FAX (202) 366-3820.
Both may be reached at the National Highway Traffic Safety
Administration, 400 Seventh St., S.W., Washington, D.C., 20590.
Comments should not be sent or FAXed to these persons, but should
instead be sent to the Docket Section.
SUPPLEMENTARY INFORMATION:
President's Regulatory Reinvention Initiative
Pursuant to the President's March 4, 1995 directive, ``Regulatory
Reinvention Initiative,'' to the heads of departments and agencies,
NHTSA undertook a review of all its regulations and directives. During
the course of this review, the agency identified not only those rules
or portions of rules that might be deleted or rescinded but also those
rules that could be consolidated to avoid duplication or be redrafted
to make them easier to comprehend. In reviewing Federal Motor Vehicle
Safety Standard No. 112 Headlamp concealment devices (49 CFR 571.112),
the agency tentatively decided that a separate standard for headlamp
concealment devices is not necessary since its essential provisions
could be transferred to Standard No 108, Lamps, reflective devices, and
associated equipment, without affecting safety.
Background of Standard No. 112
Standard No. 112 specifies requirements for headlamp concealment
devices, defined as a device with its operating system and components,
that provides concealment of the headlamp when it is not in use,
including a movable headlamp cover and a headlamp that displaces for
concealment purposes. Headlamp concealment devices are usually rotating
or pop-up headlamp mounts that appear to be part of an uninterrupted
body surface when the headlamps are not positioned for use. Only a
small percentage of vehicles have ever used them. More extensive use of
them in the future is not anticipated since the trend toward aero-
styled headlamps has reduced their role in styling.
The final rule establishing Standard No. 112 (See 33 FR 6469, April
27, 1968) took effect in 1969. The standard requires that fully opened
headlamp concealment devices must remain fully opened whenever there is
a loss of power to or within the device and whenever any malfunction
occurs in components that control or conduct power for the operation of
a concealment device. NHTSA established additional safety performance
criteria to increase the safe and reliable operation of headlamp
concealment devices. Means for fully opening each headlamp concealment
device must be provided to guard against the possibility of a
malfunction occurring in components that control or conduct power for
the actuation of the concealment device. A single mechanism must be
provided for actuating the headlamp concealment devices and
illuminating the lights. Each headlamp concealment device must be
designed such that no component of the device, other than components of
the headlamp assembly, need be removed when mounting, aiming and
adjusting the headlamps. Finally, within specified temperature ranges,
headlamp concealment devices must fully open in three seconds after
actuation of the appropriate mechanism, except in the event of a power
loss.
Since 1969, Standard No. 112 has remained essentially unchanged.
Only one rulemaking issue has been raised since the standard was
issued. Until 1987, the standard required that the headlamps not be
illuminated until they were in their operating position if the
concealment devices moved through intermediate positions in which the
headlamps could produce more glare than permitted in their operating
position. Chrysler petitioned for changes to make the provision less
restrictive. The agency decided that the requirement for full opening
of concealment devices in 3 seconds already limited the glare in
intermediate positions to no greater duration than the usual glare
observed by drivers viewing oncoming vehicles on curves or hills ahead.
Therefore, all requirements at intermediate positions were eliminated
(52 FR 35709, September 23, 1987).
Proposed Amendments
NHTSA proposes to retain most of Standard No. 112's provisions and
transfer them to a new section S12, Headlamp concealment devices, in
Standard No. 108, as follows. The definitions of ``headlamp concealment
device'' and ``fully opened'' (presently in S3 of Standard 112) would
be transferred to S4 of Standard 108. NHTSA is not proposing to
transfer the definition of ``power'' (``any source of energy that
operates the headlamp concealment device'') since it is obvious from
the context of the requirements that ``power'' includes electrical,
pneumatic, vacuum, mechanical, hydraulic or any other source of energy
chosen to operate the headlamp concealment devices.
NHTSA proposes to transfer S4, S4.1 ,S4.2, S4.4 and S4.5 to
Standard 108 and redesignate them as S12, S12.1, S12.2, S12.3 and
S12.4, respectively. NHTSA is not proposing to transfer S4.3's
requirement that both headlamp concealment devices be operated by a
single switch. NHTSA believes that S4.3 relates more to convenience
than to safety. If even one of a vehicle's headlamp concealment devices
becomes fully opened in three seconds, it would provide reasonable
safety during the next few seconds while the second device is
activated. However, NHTSA believes that vehicle manufacturers know
their customers want convenience and that such market demand will
ensure manufacturers continue to design headlamp concealment devices
operated by a single switch.
The proposed new S12 would be a simplified version of S4.
Presently, S4.1(a) of Standard No. 112 (proposed as S12.1 of Standard
No. 108), requires that when the headlamps are operating with the
concealment devices in the fully opened position, they must remain
fully open in the event of ``any loss of power to or within the
headlamp concealment device.'' S4.1(b) provides that the requirement
for remaining open applies in any situation in which there is a
``disconnection, restriction, short-circuit, circuit time delay, or
other similar malfunction in any wiring, tubing, hose, solenoid or
other component that controls or conducts power for operating the
concealment device.'' Since S4.1(b) is merely a more detailed statement
of requirement in S4.1(a), NHTSA is not proposing to include the
language of S4.1(b) in S12 of Standard No. 108.
S4.2 of Standard 112 requires that if the power to a concealment
device is lost when the device is closed, the device ``shall be capable
of being fully opened (a) by automatic means, (b) by actuation of a
switch, lever, or other similar mechanism; or (c) by any other means
not requiring the use of any tools.'' Since conditions (a) and (b) are
merely examples of means not requiring the use of tools as specified in
(c), they need not be expressly set forth. Therefore, NHTSA is not
proposing that S4.2 paragraphs (a) and (b) of Standard No. 112 be
included in S12.2 of Standard 108.
Retaining Timing of Opening and Temperature Requirements
S4.5 of Standard No. 112 requires that each headlamp concealment
device be capable of opening within 3 seconds of
[[Page 16075]]
the actuation of its switch, lever or similar mechanism. It specifies
that the capability must exist over a temperature range of -20 deg. to
+120 deg. F. NHTSA has tentatively concluded that transferring the
S4.5 language to Standard No. 108 would be necessary to assure a
minimum level of safety.
As noted above, the actuation time limit was the basis for removing
the restriction on the opening path of headlamp concealment devices
bearing lighted headlamps. It has also become the basis for industry
design standards of high intensity discharge (HID) lamps used as
headlamps. HID lamps for other applications have long warm-up cycles
before achieving their steady intensity, but HID headlamps use special
designs to attain a near steady output within 3 seconds.
The importance of rapid headlamp warm-up and concealment device
opening is illustrated by the example of vehicles exiting lighted
tunnels in which headlamp use is prohibited. Drivers who exit such
tunnels at night would face an obvious hazard if they could not restore
headlamp illumination quickly. Likewise, drivers entering unlighted
tunnels in the daytime would face an obvious hazard if they could not
illuminate their headlamps quickly.
NHTSA proposes to retain and transfer the operating temperature
requirements of Standard No. 112 because they reflect drivers' needs.
The operation of moveable headlamp panels could be easily affected by
lubricants that thicken in cold temperature or by changes in the
clearance between sliding or rotating parts in response to extreme
temperatures.
NHTSA welcomes comments on the agency's proposal that the timing of
opening and temperature requirements for headlamp concealment devices
be retained and transferred to S12.4 of Standard No. 108.
Other Proposed Amendments
In adding the proposed S12 to Standard No. 108, NHTSA would also
take the steps necessary to ensure that S11 and S12 are placed to
follow S10 in the published version of Standard No. 108. In Title 49
Code of Federal Regulations (CFR) Parts 400-999, revised as of October
1, 1994, more than 70 pages of figures separate S10 on page 239 from
S11 on page 311. The reader is advised only in an editorial note
following S10 that S11 ``follows table IV of this section.'' NHTSA has
received numerous complaints about S11's out-of-sequence placement in
the CFR, and has advised the Office of the Federal Register that S11
should be printed immediately following S10. However, that Office views
S11 as properly following the three Notes published after Table IV, and
will not relocate S11 without a formal amendment by NHTSA. The agency
wishes to correct that misplacement and avoid similar inconvenience to
readers that would result if S12 also were placed after Table IV.
Placing S11 and proposed S12 in their correct sequence would make
the provisions easier to find, thereby furthering the President's
Regulatory Reinvention Initiative to make regulations easier to
understand and to apply. NHTSA believes it would be easier for readers
to find both S11 and S12 if both sections were placed after S10
Simultaneous Aim Photometry Tests. Accordingly, NHTSA will work with
the Office of the Federal Register officials in an attempt to ensure
that S10, S11, and S12 appear consecutively in the next edition of 49
CFR, with no intervening tables or figures.
Proposed Effective Date
The proposed rescission of Standard No. 112 and transfer of certain
of its provisions to Standard No. 108 would not compromise safety and
would not make substantive changes in the requirements. NHTSA has
tentatively determined that there is good cause shown that an effective
date earlier than 180 days after issuance is in the public interest.
Accordingly, the agency proposes that, if adopted in a final rule, the
amendments would have an effective date of 30 days after the
publication of the final rule in the Federal Register.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' NHTSA has analyzed the impact of
this rulemaking action and determined that it is not ``significant''
under the Department of Transportation's regulatory policies and
procedures. NHTSA believes that these proposed amendments, if made
final, would not impose any additional costs and would not yield any
savings because this rule would not change any substantive requirement
for headlamp concealment devices and would only make administrative
changes. Since there would not be any impacts, preparation of a full
regulatory evaluation is not warranted.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this rule under the
Regulatory Flexibility Act. I hereby certify that this rule would not
have a significant economic impact on a substantial number of small
entities. As noted above, this proposal would simplify the language and
requirements of the standard and result in all of the headlamp
provisions being grouped together in one standard. It does not affect
any costs associated with the manufacture or sale of vehicles.
Accordingly, an initial regulatory flexibility analysis has not been
prepared.
National Environmental Policy Act
NHTSA has also analyzed this proposed rule under the National
Environmental Policy Act and determined that it would not have any
significant impact on the quality of the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this proposed rule in accordance with the
principles and criteria contained in E.O. 12612, and has determined
that it would not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
Civil Justice Reform
This proposed rule would not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
Procedures for Filing Comments
Interested persons are invited to submit written comments on the
amendments proposed in this rulemaking action. It is requested but not
required that any comments be submitted in 10 copies.
Comments must not exceed 15 pages in length (49 CFR 553.21). This
limitation is intended to encourage commenters to detail their primary
arguments in concise fashion. Necessary attachments, however, may be
appended to those comments without regard to the 15-page limit.
[[Page 16076]]
If a commenter wishes to submit certain information under a claim
of confidentiality, 3 copies of the complete submission including the
purportedly confidential business information should be submitted to
the Chief Counsel, NHTSA at the street address shown above, and 7
copies from which the purportedly confidential information has been
expunged should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in 49 CFR 512, the agency's confidential
business information regulation.
All comments received on or before the close of business on the
comment closing date indicated above for the proposal will be
considered, and will be available to the public for examination in the
docket at the above address both before and after the closing date. To
the extent possible, comments received too late for consideration in
regard to the final rule will be considered as suggestions for further
rulemaking action. Comments on the proposal will be available for
public inspection in the docket. NHTSA will continue file relevant
information in the docket after the closing date, and it is recommended
that interested persons continue to monitor the docket for new
material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed stamped
postcard in the envelope with their comments. Upon receiving the
comments the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicles, Motor vehicle safety, Rubber and rubber
products, Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:
PART 571--[AMENDED]
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.108 would be amended by adding in S4, in
alphabetical order, definitions of ``fully opened'' and ``headlamp
concealment device,'' moving S11 Photometric Test from its position in
the text following the ``Note'' which appears after Table IV, to a
position immediately following paragraph S10(b), and adding S12
Headlamp Concealment Devices to read as follows:
Sec. 571.108 Standard No. 108, Lamps, reflective devices, and
associated equipment.
* * * * *
S4. Definitions
* * * * *
Fully opened means the position of the headlamp concealment device
in which the headlamp is in the design open operating position.
Headlamp concealment device means a device, with its operating
system and components, that provides concealment of the headlamp when
it is not in use, including a movable headlamp cover and a headlamp
that displaces for concealment purposes.
* * * * *
S12. Headlamp Concealment Devices
S12.1 While the headlamp is illuminated, its fully opened headlamp
concealment device shall remain fully opened should any loss of power
to or within the headlamp concealment device occur.
S12.2 Whenever any malfunction occurs in a component that controls
or conducts power for the actuation of the concealment device, each
closed headlamp concealment device shall be capable of being fully
opened by a means not requiring the use of any tools. Thereafter, the
headlamp concealment device must remain fully opened until
intentionally closed.
S12.3 Each headlamp concealment device shall be installed so that
the headlamp may be mounted, aimed, and adjusted without removing any
component of the device, other than components of the headlamp
assembly.
S12.4 Except for cases of malfunction covered by S12.2, each
headlamp concealment device shall, within an ambient temperature range
of -20 deg. to +120 deg. F., be capable of being fully opened in not
more than 3 seconds after the actuation of a driver-operated control.
* * * * *
Sec. 571.108 [Amended]
3. In Sec. 571.108, a new heading is added following Sec. 12.4 and
preceding the figures to read ``Figures to Sec. 571.108''.
4. In Sec. 571.108, Figures 1a, 1b and 1c which follow Sec. 5.1.1.6
and Figure 2 which follows Sec. 5.1.1.18 are moved to appear after the
heading ``Figures to Sec. 571.108'' in numerical order.
Sec. 571.112 [Removed and reserved]
5. Section 571.112 would be removed in its entirety and reserved.
Issued on: April 2, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8655 Filed 4-10-96; 8:45 am]
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